Decree of the Ministry of Justice of the Czech Socialist Republic No. 113 / 1983 Coll.

Q: Is Decree of the Ministry of Justice of the Czech Socialist Republic No. 113 / 1983 Coll. still valid?

Yes, Decree of the Ministry of Justice of the Czech Socialist Republic No. 113 / 1983 Coll. is still valid and effective.

Decree of the Ministry of Justice of the Czech Socialist Republic amending and supplementing the Decree of the Ministry of Justice of the Czech Socialist Republic No. 1 / 1977 Coll., on deductions from the remuneration of persons in prison or detention and on the execution of decisions by deductions from the remuneration of those persons and inmates of special educational establishments

Valid Effective from 01.01.1984

Čl. I „§ 8a „§ 17 Čl. II Čl. III

113

DECLARATION

Ministry of Justice of the Czech Socialist Republic

of 11 October 1983

amending and supplementing Decree of the Ministry of Justice of the Czech Socialist Republic No 1 / 1977 Coll., on deductions from the remuneration of persons in prison or detention and on the execution of decisions by deductions from the remuneration of those persons and inmates of special educational establishments

The Ministry of Justice of the Czech Socialist Republic provides, pursuant to § 29 paragraphs 2, 4 and 5 and § 65 of Act No. 59 / 1965 Coll., on the execution of the sentence of imprisonment, as amended by § 84 / 1969 Coll., § 152 paragraph 2 of the Code of Criminal Procedure No. 141 / 1961 Coll. and § 373 of the Civil Code No. 99 / 1963 Coll.:

Čl. I

The Decree of the Ministry of Justice of the Czech Socialist Republic No 1 / 1977 Coll., on haircuts from the remuneration of persons in prison or in custody and on the enforcement of decisions by haircuts from the remuneration of such persons and inmates of special educational establishments shall be amended as follows:

1. in § 2 (1), § 3 (1) and (2) and § 5 (1), the amount of 350 CZK is replaced by 400 CZK;

2. The Annex to the Order is replaced by the Annex to the Order.

3. In Paragraph 3 (3), the word "50 'is replaced by the word" 100'.

4. Article 3 (4) reads as follows:

"(4) A 70% deduction shall be made for the costs of the execution of the sentence, on the part of the wage of a free-time worker, other than under a contract between the Institute and an economic organisation within the meaning of Article 26 (3) of the Act. '.

Article 5 (2) reads as follows:

"(2) Of the free-time work remuneration for an organisation other than that for which it is assigned to work (Section 3 (4)), the sentenced is entitled to an allowance of 30%. '

6. Article 6 (1) and (3) read:

"(1) The remuneration shall be the same as that set out in the Annex for the sentenced person.

(3) For the part of the deposit in excess of 600 CZK, the sentenced person may make contributions to his spouse (spouse), children, parents (grandparents), siblings, co-workers (comrades) and fulfil his obligations unless that part is subject to collisions pursuant to § 8 and 8a. '

7. The heading of the second section reads:

"Deductions made on the basis of the enforcement of decisions and agreements on salary and other income deductions'.

8. Paragraph 8 (1) of the first sentence reads:

"(1) Where the execution of a decision is ordered by deductions from the remuneration of a person sentenced to receive maintenance dependent children, it shall be brought to the satisfaction of the normal maintenance amount equivalent to those referred to in § 2. ';

9. Paragraph 8 shall be added to paragraph 3:

"(3) Where enforcement is ordered for one of the claims listed in Paragraph 4 (1), reductions may be made for the same claim simultaneously in accordance with § 4 and § 8 (2); reductions in accordance with § 4 shall be considered as reductions made in the enforcement of the decision. ';

10. The following Section 8a is inserted after Section 8:

„§ 8a

(1) If a claim against the sentenced person is satisfied by an agreement on wage and other income deductions, 6) reductions shall be made on the amount of the deposit in excess of 600 CZK, together with other claims for which enforcement is required (Section 8 (2), second sentence). The order of rainfall shall be governed by the date on which the agreement of the Institute was delivered or, where appropriate, by the date of conclusion of the agreement, if it is an agreement between the Constitution and the sentenced.

(2) If one of the claims listed in Section 4 (1) is secured by agreement, the provisions of Section 8 (3) shall apply mutatis mutandis. ';

11. in Article 9 (1), the amount of 20 CZK is replaced by 30 CZK;

12. In Paragraph 10 (3), the following sentence is added at the end: "Interest on late payments is not required."

13. in § 11, the amount of 28 CZK is replaced by 50 CZK;

14.

„§ 17

(1) If the person against whom the decision is ordered to be enforced by means of salary reductions takes the sentence of imprisonment or is brought into custody, the provisions of paragraphs 293 to 295 of the Civil Code shall be treated as a change in the salary of the payer, and the wage payable shall be deemed to be the wage of the sentenced person, provided that he is able to satisfy the recovery claim under this decree.

(2) If the sentenced or accused has been transferred to another institution, the Institute shall continue to execute the decision by withholding from its remuneration. This change does not affect the order of recovery.

(3) The transfer of a sentenced person to another institution shall not be regarded as a change in the salary of the payer. 7)

(4) Paragraphs 1 and 2 shall apply mutatis mutandis in cases where the person referred to in Article 15 has been transferred to another special educational establishment.

(5) Otherwise, the general provisions on the enforcement of the decision shall apply to the execution of decisions by deductions from the wage of the sentenced person and to the execution of decisions by deductions from the remuneration of inmates of special educational establishments. '

Čl. II

(1) The costs of the execution of the custody (§ 9) and the execution of the sentence (§ 11) laid down in this Decree shall be determined from the date of its effectiveness.

(2) Article 8a also provides for agreements concluded or delivered by the Institute before the entry into force of this Order.

(3) Reductions from the remuneration of the sentenced person for the month of December 1983 shall be made in accordance with this Decree.

Čl. III

This Decree shall take effect on 1 January 1984.

Minister:

Dr Kaspar v. r.

Annex to Decree No. 113 / 1983 Coll.

Table for the implementation of deductions from the remuneration of the convicted I, II and III correctional education groups with maintenance obligations and without maintenance obligations

Pracovní odměna od Kčs	S vyživovací povinností						Bez vyživovací povinnosti		Kapesné pro NVS
	výživné pro				Další srážky	Úložné	Další srážky	Úložné	I.	II.	III.
	1 dítě	2 děti	3 děti	4 děti a více	Další srážky	Úložné	Další srážky	Úložné	I.	II.	III.
1	2	3	4	5	6	7	8	9	10	11	12
400	148	164	164	196	24	12	40	24	32	24	20
500	180	205	210	245	30	15	50	30	40	30	25
600	210	246	258	294	36	18	60	36	48	36	30
700	238	287	308	343	42	21	70	42	56	42	35
800	264	328	360	392	48	24	80	48	64	48	40
900	288	369	414	441	54	27	90	54	72	54	45
1000	310	410	470	490	60	30	100	60	80	60	50
1100	330	451	528	539	66	33	110	66	88	66	55
1200	348	492	564	588	72	36	120	72	96	72	60
1300	364	533	598	637	78	39	130	78	104	78	65
1400	378	560	630	686	84	42	140	84	112	84	70
1500	390	585	660	720	90	45	150	90	120	90	75
1600	400	608	688	752	96	48	160	96	128	96	80
1700	410	629	714	782	102	51	170	102	136	102	85
1800	420	648	738	810	108	54	180	108	144	108	90
1900	430	665	760	836	114	57	190	114	152	114	95
2000	440	680	780	860	120	60	200	120	160	120	100
2100	450	693	798	882	126	63	210	126	168	126	105
2200	460	704	814	924	132	66	220	132	176	132	110
2300	470	713	828	966	138	69	230	138	184	138	115
2400	480	720	864	1008	144	72	240	144	192	144	120
2500	490	725	900	1050	150	75	250	150	200	150	125
2600	500	754	936	1092	156	78	260	156	208	156	130
2700	510	783	972	1134	162	81	270	162	216	162	135
2800	520	812	1008	1176	168	84	280	168	224	168	140
2900	530	841	1044	1218	174	87	290	174	232	174	145
3000	540	870	1080	1260	180	90	300	180	240	180	150
3100	550	899	1116	1302	186	110	310	230	248	186	155
3200	560	928	1152	1344	192	130	320	280	256	192	160
3300	570	957	1188	1386	198	150	330	330	264	198	165
3400	580	986	1224	1428	204	170	340	380	272	204	170
3500	590	1015	1260	1470	210	190	350	430	280	210	175
3600	600	1044	1296	1512	216	210	360	480	288	216	180
3700	610	1073	1332	1554	222	230	370	530	296	222	185
3800	620	1102	1368	1596	228	250	380	580	304	228	190
3900	630	1131	1404	1638	234	270	390	630	312	234	195
4000	640	1160	1440	1680	240	290	400	680	320	240	200
4100	640	1160	1440	1680	6%	290+ 67% z částky nad 4000	10%	680+ 50% z částky nad 4000	8%	6%	5%

Note: the reduction in the cost of the sentence is the remainder of the remuneration.

6) Paragraph 57 of the Civil Code. Section 246 of the Labour Code.

7) § 293 - 296 of the Civil Code.

Čl. I „§ 8a „§ 17 Čl. II Čl. III

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Regulation Information

Citation	Decree of the Ministry of Justice of the Czech Socialist Republic No. 113 / 1983 Coll., amending and supplementing the Decree of the Ministry of Justice of the Czech Socialist Republic No. 1 / 1977 Coll., on deductions from the remuneration of persons in prison or detention and on the execution of decisions by deductions from the remuneration of those persons and inmates of special educational establishments
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	20.10.1983
Effective from	01.01.1984
Effective until	-
Status	Valid

The regulation text is for informational purposes only.

Decree of the Ministry of Justice of the Czech Socialist Republic No. 113 / 1983 Coll.

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